Gaynor v. Magoun

There is but one error assigned — that of overruling plaintiff’s motion for continuance and dismissing plaintiff’s cause of action. The law governing a party’s right to a continuance is well settled and requires no citation of authorities. A motion for a continuance is addressed peculiarly to the sound legal discretion of the court and will not be interfered with on appeal unless the supreme court is clearly satisfied that this discretion has been abused and injustice thereby done. With this rule in mind, let us look at the situation presented by the record in this case.

In substance, the…